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Divorce Law

There are various legal guidelines and contracts involved with getting a divorce that many people are not aware of. With the help of our special guest tonight, family and matrimonial law attorney Barbara King, I hope we were able to shed some light on this oftentimes complicated and emotional process.

If you want to get a divorce in New York State you must provide what is called grounds for the divorce, as the state does not have a no-fault law. Ranging from adultery to cruelty to abandonment, grounds must be proven in order to dissolve your marriage. One thing that I questioned was what happens with marriages where the two people are no longer in love? Can you get a divorce in that case? The answer is no, not unless you have grounds. Barbara clarified that in this situation you can sign what is called a separation agreement where both husband and wife agree to custody provisions, the division of assets, etc. and after one year they can then petition for divorce. The key to this agreement, however, is that both parties must agree to the separation.

Click here to learn more about what constitutes as grounds for divorce.

Another question that comes up a lot is what exactly is included in a pre-nuptial agreement. This document is a contract you sign before you marry in which you agree to what will happen to your assets should one day you divorce. Albeit not necessarily a romantic way to start your marriage, it will come in handy if something should happen down the road. Pre-nuptials seem to be increasingly popular in second marriages. People who are remarrying often have significant assets to consider or have been burned before and are now making sure they are covered.

 

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